In fact, for non-serious accidents, the parties can arrange the compensation themselves without the need for settlement.
For complicated traffic accidents, the police force will handle and make a report on the scene, then transport the vehicles to the headquarters and record the testimonies of the parties. Later the police force will make compensation procedures between the two sides. Specifically, how much is the compensation? Based on where to calculate the level of compensation? Each accident has a different level of compensation, the hard level is how much leads to such different characteristics?
* Fault of the aggrieved party
When an accident occurs at the fault of the aggrieved party, the level of compensation shall be based on:
- Article 584 Civil Code 2015: The person who caused the damage is not responsible for compensation in case the damage is caused entirely by the fault of the aggrieved party.
- The law clearly defines what it means: When a traffic accident occurs, if the party causing the traffic accident is not at fault, no compensation is required.
- Two vehicles are driving normally, but the person in death is in the right lane (the main lane), turning into the lane for another vehicle. Such encroachment causing an accident after which the person dies will not be compensated at all.
* Error of the party causing the accident:
Split into two situations.
- Compensation for fatal traffic accidents: Pursuant to Article 591 of the Civil Code 2015
- The amount of compensation for mental losses shall not exceed one hundred times of the base salary prescribed by the State. For example, if the current base salary that the State is applying is 1 million, the maximum compensation for a loss of faith must not exceed 100 million.
- Other expenses: expenses for pre-death treatment, burial expenses; Income of caregiver before dying; Support for people for whom the dead are obligated to support, such as parents.
- Of the two compensation amounts, the compensation for mental losses is fixed, other expenses may fluctuate depending on the actual situation.
- Compensation for injuries
- Compensation for mental damage suffered by the injured, if not reached, the highest compensation cannot exceed 50 times the base salary paid by the State
- Other fees include: medical costs; income expenses for caregivers; Actual income of the injured during treatment.
- Compensation is calculated by summing up two sums of compensation: the compensation for mental damage and other charges.,
Error of both parties
- In this case, the police office will base on the actual situation and based on the most common provisions of law to eliminate and mediate to the two sides in the most reasonable way. The police will then handle the violations of each party to release the vehicles and return the vehicles of both parties for circulation. Often a mixed error means that the two sides will deal with the best deal.